In an action alleging that plaintiff's supervisor at the Federal Aviation Administration discriminated against her on the basis of sex by reassigning her to an inferior position, judgment for defendant is affirmed where: 1) the magistrate judge correctly instructed the jury on the relevant legal theory; and 2) plaintiff did not identify any evidence peculiarly available to defendant that it did not produce and that would shed light on her claim.
Argued October 13, 2009
Decided December 29, 2009
Opinion by Judge Henderson
Darrell C. Valdez, Assistant United States Attorney, Washington, DC